Texas 2017 - 85th Regular

Texas Senate Bill SCR3

Caption

Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

Impact

If enacted, SCR3 would signal a significant shift in the relationship between Texas and the federal government, aiming to assert greater state autonomy over laws and regulations imposed by federal mandates. The resolution articulates a commitment to local self-government and the rights of the people, suggesting that any compulsory federal legislation that does not directly protect constitutionally guaranteed rights should be deemed unnecessary. This could potentially lead to a reduction in federal oversight in various affairs, depending on how it is implemented and interpreted by state officials.

Summary

SCR3, also known as the Texas Sovereignty Resolution, asserts Texas's claim of sovereignty under the Tenth Amendment to the United States Constitution. The resolution emphasizes that any powers not explicitly granted to the federal government are reserved for the states. It provides a formal notice to the federal government to halt and reverse mandates and laws that the authors of the bill argue violate the Constitution, thereby reinforcing Texas's autonomy in governing its affairs without undue federal interference. SCR3 reflects a broader political sentiment towards limiting the reach of federal authority over state actions.

Sentiment

The general sentiment around SCR3 appears to be supportive among Republicans and those favoring limited government intervention. Proponents argue that this resolution is a necessary measure to reclaim rights that they feel have been eroded over time due to federal overreach. However, there are concerns from opposition groups that such declarations may foster an environment of disregard for necessary federal regulations, ultimately undermining critical protections that benefit residents of Texas. The resolution's passage may further polarize opinions on state vs. federal jurisdiction.

Contention

Notable points of contention surrounding SCR3 include the debate over the implications of asserting state sovereignty and the legal ramifications of rejecting federal mandates. Critics question the resolution's potential to complicate governance and diminish the effectiveness of federal programs designed to serve the public good. Additionally, the comparison between past legal rulings, such as New York v. United States, raises concerns over the limits of state authority in the face of federal law and whether Texas can legally refuse compliance with certain federal regulations and expectations.

Companion Bills

TX HCR26

Similar Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution.

Previously Filed As

TX SB1250

Relating to the admissibility of certain evidence in the prosecution of certain offenses involving family violence.

TX SB911

Relating to the form of a marriage license and an application for a marriage license.

TX SB409

Relating to the jurisdiction of county and justice courts in civil matters.

TX SB1223

Relating to suits against The University of Texas at Tyler.

TX SB1264

Relating to psychological counseling for certain grand jurors.

TX SB1362

Relating to notification and informational materials regarding mutual consent voluntary adoption registries.

TX SB813

Relating to recovery of damages, attorney's fees, and costs related to frivolous regulatory actions by state agencies.

TX SB1346

Relating to disclosure of state agency contract information regarding administrator services for group health benefit plans.

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